The California Workers’ Compensation system was designed to provide benefits to victims of work accidents or illnesses. Although the system was designed to provide a benefit to California residents, it has now become a money-making machine for Insurance Companies, who regularly deny claims with no real foundation. Our Workers Compensation lawyers can help victims with a variety of work injury cases, including, but not limited to:
If you are an eligible employee and were hurt on the job in California, chances are, you are entitled to benefits in the form of income replacement and medical care. These benefits are critical to allow injured claimant’s to recover and avoid putting their families at risk of no income.
Per the California Department of Industrial Relations, all California employers must provide workers’ compensation benefits to their employees under the California Labor Code Section 3700. If a business employs one or more employees, then it must satisfy the requirement of the law.
Steps for Filing a Workers’ Compensation Claim
1. Report the injury to a Supervisor
Our office always recommends doing this orally and in writing. If your employer does not take your claim seriously, we also recommend that you seek care with your personal doctor to avoid any aggravation of your potential injury.
2. Filing the Actual Claim with your Employer
At this point, your Employer should provide you with a claim form. The California Department of Industrial Relations requires that Employers MUST provide an employee who gets sick or hurt on the job with a workers’ compensation claim form within one working day after the work-related injury or illness is reported.
Employers must also, return a copy of the completed form to the employee within one working day of receipt.
3. File an Application for Adjudication of Claim with your local Workers’ Compensation Appeals Board (WCAB)
This is a form yo fill out to file your claim with the WCAB when you have a disagreement with you employer or its insurance company about your case and you want it resolved in court.
Of course, there are time constraints for each of these steps. For this reason, it is important to speak with an Attorney to ensure you have not missed the necessary deadlines.
Frequently Asked Questions
Workers’ compensation insurance covers can vary from state to state and are typically determined by different state laws.
Following are some scenarios in which workers’ compensation plans do not cover:
- Injuries received by a fight that an employee started.
- Emotional injuries not accompanied by physical workplace trauma – learn more about mental health in the workplace.
- Injuries an employee gets intentionally.
- Injuries an employee sustains due to being intoxicated in the workplace.